Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
Holiday and holiday pay overview
Meaning of "worker"
Excluded categories
Implications for health and safety
Statutory holiday entitlement
Employers that, as of 1 October 2007, provide 5.6 weeks' leave
Bank and public holidays
The holiday year
A week's pay
Including holiday pay in wages
Timing of holiday
Holiday in first year of employment
Holiday during sickness absence
Entitlement to pay in lieu of holiday on termination of employment
Meaning of "relevant agreement" and "workforce agreement"
Complaints to an employment tribunal

Summary

3.411

• Under reg.13 of the Working Time Regulations 1998 (SI 1998/1833), workers are entitled to four weeks' holiday in each leave year. (See 3.413 Holiday and holiday pay overview)
• As of 1 October 2007, workers are also entitled to an additional 0.8 week's leave under reg.13A, meaning that the minimum statutory leave entitlement is currently 4.8 weeks. The entitlement to 0.8 week's additional leave under reg.13A is the first phase in the two-stage implementation of an additional 1.6 weeks' entitlement. (See 3.413 Holiday and holiday pay overview)
• Regulation 13A makes provision for calculating the additional annual leave entitlement for workers whose leave year does not begin on 1 October 2007.  (See 3.417 Statutory holiday entitlement)
• Regulation 13A does not apply to employers that, as of 1 October 2007, meet certain requirements. (See 3.418 Employers that, as of 1 October 2007, provide 5.6 weeks' leave) 
• During the first year of workers' employment, the amount of leave that they can take at any time is limited to the amount of leave that they have accrued at that time, calculated monthly in advance. (See 3.424 Holiday in first year of employment)
• Leave entitlement under reg.13 may not be replaced by a payment in lieu, except where the employment is terminated, although additional leave entitlement under reg.13A may be replaced by a payment in lieu until 1 April 2009. (See 3.417 Statutory holiday entitlement)
• Leave entitlement under reg.13 cannot be carried forward into the following holiday year, although a relevant agreement may provide for additional leave entitlement under reg.13A to be carried forward into the leave year following the one in which it falls due. (See 3.417 Statutory holiday entitlement)
• The right to minimum paid annual leave under the Working Time Regulations 1998 applies to workers, not just employees. (See 3.414 Meaning of "worker")
• Unless there is a collective or workforce agreement or contractual term to the contrary, the notice given by workers to take their holiday must be equal to at least twice the length of holiday to be taken, and an employer may refuse a request for leave by giving the worker notice equivalent to the length of leave requested. (See 3.423 Timing of holiday)

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Future developments

3.412 Increase in minimum annual leave: The Work and Families Act 2006 received royal assent on 21 June 2006, and included authorisation for the Secretary of State to introduce regulations increasing annual holiday entitlement.